e-book Los dos poderes (Spanish Edition)

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The law enters into force 20 days after its publication in the Official State Gazette, unless the Gazette provides otherwise.

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Is there a doctrine by which the judiciary can review legislative and executive actions? A law that may be contrary to the CE can be brought before the Constitutional Court for scrutiny if it applies to a judgment, and the judgment relies on the law being valid article , CE.

This can be done at the initiative of the judge, the court, or at the request of a party involved. This can be done only on completion of the proceedings and within the prescribed deadline for delivery of the judgment, or the appropriate judicial resolution. The request to the Constitutional Court must specify:.

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The law at issue and the constitutional precept that is deemed to have been violated. With supporting evidence, the extent to which the relevant judgment depends on the validity of the enactment. Where the constitutionality of a law is challenged, the proceedings on judicial procedure are suspended until the Constitutional Court reaches its decision. Are certain emergency powers reserved for the executive?

The government, which has executive power, can issue temporary legislative provisions in cases of extraordinary and urgent need. These take the form of decree-laws Decretos-Leyes and cannot affect the regulation of:. The basic state institutions. The rights, duties and liberties contained in Title 1 of the CE. The system governing the autonomous communities. The concept of "extraordinary and urgent need" is a vague legal concept, whose existence or otherwise can be reviewed by the Constitutional Court in particular cases. Extraordinary need is an unusual event, which was not predicted and is of singular gravity or significance.

Such declarations imply relevant restrictions to civil rights. Are human rights constitutionally protected? Human rights are protected in the CE under the section headed "Fundamental rights and duties", which is divided into five chapters:. Chapter I, called "Spaniards and Aliens", states the conditions required for the exercise of fundamental rights. Chapter II, entitled "Rights and Liberties", is divided into two sections:. Section 1, called "Fundamental Rights and Public Liberties", which contains the declaration of fundamental rights; and. Section 2, called "Rights and Duties of Citizens".

Chapter IV, called "Guarantee of Fundamental Rights and Liberties", lays out the system for promoting and protecting fundamental rights. Chapter V, entitled "Suspension of Rights and Liberties", sets out the exceptional situations in which fundamental rights can be suspended. Right to life.

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Right to honour, to personal and family privacy and to a person's own image. By what means can the constitution be amended? The CE can be amended in two different ways article , CE :. The ordinary procedure. This can be used for a partial revision that does not affect matters specially protected.


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An amendment must be approved by a majority of three-fifths of the members of each house. Once the amendment has been passed by the Cortes Generales , it must be submitted for ratification by referendum, if this is requested by one tenth of the members of either house, within 15 days of its approval. The compound procedure. This applies in relation to a total revision of the CE or a revision of matters that are specially protected. In this case, the change must be approved by a two-thirds' majority of the members of each house, and the Cortes Generales is immediately dissolved.

The newly elected houses must ratify the decision and examine the new constitutional text, which must be approved by a two-thirds' majority of the members of both houses. Once the amendment has been passed by the Cortes Generales , it must be submitted for ratification by referendum.

Legal system Form. What form does your legal system take?

Spain has a civil law system based on comprehensive legal codes and laws rooted in Roman Law. Civil law is applied throughout the entire territory of Spain, but there are autonomous communities that have their own civil law system, which is applied in relation to certain legal issues. Main sources of law. What are the main domestic sources of law? The sources of Spanish law are statutes, custom and general legal principles. Case law complements the legal system as the Supreme Court upholds legal doctrine in its interpretation of the various sources of law.

The opinions of legal experts also provide interpretations and clarifications of the law. A hierarchy of legal provisions exists article 9. Any provision that contradicts another of higher rank is invalid article 1. Customs are considered to be supplementary law, as they only apply in the absence of applicable statutes, provided that they are not contrary to morals or public order. On the other hand, general legal principles apply in the absence of applicable statute or custom, and may help to shape the law.

Exceptions to the hierarchy principle exist in relation to certain areas of the law.

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For instance, commercial law establishes that commercial customs rank more highly than other non-commercial law. The CE has priority over all other sources of law because it is the fundamental law of the state. To what extent do international sources of law apply? The hierarchy of Spanish law is in descending order :. The CE, which is the supreme law of Spain. European Union legislation, which is directly applicable as part of the national system, once passed. Organic laws and ordinary laws, passed by the Cortes Generales. Decree-laws and legislative decrees, passed by the government.

Regulations Reglamentos , which is legislation of a lower status. International treaties form part of the law of Spain once they are officially published in Spain article As a result, legal rules contained in international treaties have no direct application in Spain until they have been published in full in the Spanish Official State Gazette. Court structure and hierarchy What is the general court structure and hierarchy?

The structure of the Spanish court system is based on:.

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Spain is organised into municipalities, circuits partidos , provinces and autonomous communities, with jurisdiction over them exercised by:. Magistrates Courts Juzgados de Paz ;. Labour Courts Juzgados de lo Social ;. Youth Courts Juzgados de Menores ,.


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  6. Courts of Appeal Audiencias Provinciales ; and. In addition to the territorial aspect, the judiciary can be also organised into four jurisdictional orders:. A single judge sits in all courts with the exception of the Supreme Court, the National Criminal and Administrative Court, the autonomous communities' high courts and the provincial courts. To what extent are lower courts bound by the decisions of higher courts? See Question Everyone in Spain has the right to the effective protection of the judges and courts in the exercise of their legitimate rights and interests article This includes the right to file appeals as provided by law.

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    As a result, a party who is unsatisfied with the outcome of a trial can bring an appeal to have an outcome modified, remanded or reversed. The aim of appeals is to control and correct, as far as possible, errors that courts can make in the interpretation and application of the law, when passing or executing judgments. In practice, lower courts are bound by the decisions of higher courts in the sense that, if a judgment of a lower court conflicts with a prior ruling of a higher court that will receive the appeals of the parties, it is foreseeable that the higher court will modify the ruling of the lower court.